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Feb 14, 2014: REFERRED TO ENVIRONMENTAL CONSERVATION

Memo

BILL NUMBER:S6617

TITLE OF BILL: An act to amend the environmental conservation law, the agriculture and markets law and the public health law, in relation to the consideration of future climate risk including sea level rise projections and other weather-related data; and in relation to requiring the preparation of model local zoning laws relating to climate risk

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to ensure that state monies and permits include consideration of the effects of climate change and extreme weather events.

- require certain major permits issued pursuant to the Uniform Procedures Act to include consideration of climate risk; and,

- require the Department of State, in consultation with the Department of Environmental Conservation to prepare model local laws concerning climate change and to make such model laws available to municipalities.

JUSTIFICATION: Extreme weather events and climate change are becoming more common. According to the National Oceanic and Atmospheric Administration, December marked the 334th consecutive month with above-average temperatures. This means that people 27 years old or younger have never lived through a month that was colder than average. In addition, the National Climate Assessment and Development Advisory Committee report indicates "The Northeast has experienced a greater increase in extreme precipitation over the past few decades than any other region in the United States. Since 1958, the Northeast has seen a 74 percent increase in the amount of precipitation falling in very heavy events."

Future extreme weather events will also be compounded by sea level rise. Sea level rise in the Northeast is expected to exceed the global average. As a result, the chance of what is now a 1-in-10-year coastal flood event in the Northeast could triple by 2100, occurring roughly once every three years, simply in response to higher sea levels. This means that between one-half million and 2.3 million people will be at risk from flooding due only to sea level rise.

These statistics have been illustrated most recently by the devastating impacts of Hurricane Sandy, Lee and Irene. In addition to the tragic loss of life, property and environmental damage, there is also an economic cost of extreme weather events. The financial toll of Hurricane Sandy on New York is estimated to be at least $42 billion dollars.

This legislation is intended to encourage advance planning for extreme weather events and for the consideration of the effects of climate change. For example, the water and sewage treatment plants within the State sustained extensive damage as a result of Hurricane Sandy. As funding and permitting decisions are made regarding such plants in the future, decisions about the potential for damage from other extreme weather events should be considered. State funding is a limited resource and it is appropriate that consideration be given to climate risk and extreme weather events in order to ensure the long term viability of funded projects. The same is true for Environmental Protection Fund programs such as the Local Waterfront Revitalization Program, in which municipalities are provided with funding to help develop long-term waterfront zoning.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the State.

EFFECTIVE DATE: This act shall take effect on the 180th day and shall apply to all applications and/or permits received after such date.

Text

STATE OF NEW YORK
________________________________________________________________________
6617
IN SENATE
February 14, 2014
___________

Introduced by Sen. SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, the agriculture and
markets law and the public health law, in relation to the consider-
ation of future climate risk including sea level rise projections and
other weather-related data; and in relation to requiring the prepara-
tion of model local zoning laws relating to climate risk
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 6-0107 of the environmental
conservation law is amended by adding a new paragraph k to read as
follows:
K. TO MITIGATE FUTURE CLIMATE CHANGE IMPACTS BY INCLUDING CONSIDER-
ATION OF SEA LEVEL RISE PROJECTIONS AND AVAILABLE WEATHER-RELATED DATA
PREDICTING THE LIKELIHOOD OF FUTURE SEVERE WEATHER EVENTS.
S 2. Item (e) of subparagraph (ii) of paragraph d of subdivision 1 of
section 17-1909 of the environmental conservation law, as added by chap-
ter 565 of the laws of 1989, is amended to read as follows:
(e) conforms with applicable rules and regulations of the department,
INCLUDING A DEMONSTRATION THAT FUTURE CLIMATE RISK INCLUDING SEA LEVEL
RISE PROJECTIONS AND AVAILABLE WEATHER-RELATED DATA PREDICTING THE LIKE-
LIHOOD OF FUTURE SEVERE WEATHER EVENTS HAS BEEN CONSIDERED.
S 3. Paragraphs g and h of subdivision 2 of section 27-1103 of the
environmental conservation law, as amended by chapter 618 of the laws of
1987, are amended and a new paragraph i is added to read as follows:
g. The impact on the municipality where the facility is to be sited in
terms of health, safety, cost and consistency with local planning,
zoning or land use laws and ordinances, [and]
h. The nature of the probable environmental impact, including specifi-
cation of the predictable adverse effects on the natural environment and
ecology, public health and safety, scenic, historic, cultural and recre-
ational value, water and air quality, wildlife and an evaluation of
measures to mitigate adverse effects[.], AND

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10228-06-4

S. 6617 2

I. THE FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE PROJECTIONS AND
AVAILABLE WEATHER-RELATED DATA PREDICTING THE LIKELIHOOD OF FUTURE
SEVERE WEATHER EVENTS.
S 4. Subdivision 1 of section 40-0113 of the environmental conserva-
tion law is amended by adding a new paragraph i to read as follows:
I. REQUIREMENTS FOR CONSIDERATION OF FUTURE CLIMATE RISK INCLUDING SEA
LEVEL RISE PROJECTIONS AND AVAILABLE WEATHER-RELATED DATA PREDICTING THE
LIKELIHOOD OF FUTURE SEVERE WEATHER EVENTS.
S 5. Subdivision 3 of section 49-0203 of the environmental conserva-
tion law is renumbered subdivision 4 and a new subdivision 3 is added to
read as follows:
3. THE DEPARTMENT AND THE OFFICE SHALL CONSIDER THE FUTURE CLIMATE
RISK INCLUDING SEA LEVEL RISE PROJECTIONS AND AVAILABLE WEATHER-RELATED
DATA PREDICTING THE LIKELIHOOD OF FUTURE SEVERE WEATHER EVENTS.
S 6. Paragraph a of subdivision 2 of section 54-0303 of the environ-
mental conservation law, as added by chapter 610 of the laws of 1993 and
as designated by chapter 170 of the laws of 1994, is amended to read as
follows:
a. The commissioner of the office of parks, recreation and historic
preservation may enter into an agreement for the maintenance and opera-
tion of open space land conservation projects in urban areas or metro-
politan park projects by a municipality, or a not-for-profit corporation
or unincorporated association which demonstrates to the commissioner's
satisfaction that [it] THE FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE
PROJECTIONS AND AVAILABLE WEATHER-RELATED DATA PREDICTING THE LIKELIHOOD
OF FUTURE SEVERE WEATHER EVENTS HAS BEEN CONSIDERED AND THE MUNICIPALITY
is financially or otherwise capable of operating and maintaining the
project for the benefit of the public and of maximizing public access to
such project. Any such agreement shall contain such provisions as shall
be necessary to ensure that its operation and maintenance are consistent
with and in furtherance of this article and shall be subject to the
approval of the director of the budget, the comptroller and, as to form,
the attorney general.
S 7. Subdivision 3 of section 54-0503 of the environmental conserva-
tion law, as added by chapter 610 of the laws of 1993, is amended to
read as follows:
3. A closure investigation report which complies with the requirements
of applicable regulations of the department, INCLUDING A DEMONSTRATION
THAT FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE PROJECTIONS AND AVAIL-
ABLE WEATHER-RELATED DATA PREDICTING THE LIKELIHOOD OF FUTURE SEVERE
WEATHER EVENTS HAS BEEN CONSIDERED, shall have been submitted.
S 8. Section 54-0504 of the environmental conservation law, as added
by section 4 of part L of chapter 59 of the laws of 2005, is amended to
read as follows:
S 54-0504. Eligibility to receive state assistance payments for munici-
pal landfill gas management projects.
Any municipality which is the owner or operator of a landfill may
apply for state assistance payments toward the cost of a municipal land-
fill gas management project. Any application for a municipal landfill
gas management project must comply with all applicable rules and regu-
lations promulgated by the department, INCLUDING A DEMONSTRATION THAT
FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE PROJECTIONS AND AVAILABLE
WEATHER-RELATED DATA PREDICTING THE LIKELIHOOD OF FUTURE SEVERE WEATHER
EVENTS HAS BEEN CONSIDERED.

S. 6617 3

S 9. Subdivisions 1 and 5 of section 54-1101 of the environmental
conservation law, as amended by chapter 309 of the laws of 1996, are
amended to read as follows:
1. The secretary is authorized to provide on a competitive basis,
within amounts appropriated, state assistance payments to municipalities
toward the cost of any local waterfront revitalization program, INCLUD-
ING PLANNING PROJECTS TO MITIGATE FUTURE CLIMATE RISKS. Eligible costs
include planning, studies, preparation of local laws, and construction
projects.
5. The secretary shall impose such contractual requirements and condi-
tions upon any municipality which receives state assistance payments
pursuant to this article as may be necessary and appropriate to ensure
that a public benefit shall accrue from the use of such funds by the
municipality INCLUDING BUT NOT LIMITED TO, A DEMONSTRATION THAT FUTURE
CLIMATE RISK INCLUDING SEA LEVEL RISE PROJECTIONS AND AVAILABLE WEATH-
ER-RELATED DATA PREDICTING THE LIKELIHOOD OF FUTURE SEVERE WEATHER
EVENTS HAS BEEN CONSIDERED.
S 10. Subdivision 1 of section 54-1105 of the environmental conserva-
tion law, as added by chapter 610 of the laws of 1993, is amended to
read as follows:
1. The commissioner is authorized to provide on a competitive basis,
within amounts appropriated, state assistance payments to a municipality
or a not-for-profit corporation toward the cost of any coastal rehabili-
tation project approved by the commissioner PROVIDED THAT THE COMMIS-
SIONER DETERMINES THAT FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE
PROJECTIONS AND AVAILABLE WEATHER-RELATED DATA PREDICTING THE LIKELIHOOD
OF FUTURE SEVERE WEATHER EVENTS HAS BEEN CONSIDERED.
S 11. Subdivision 2 of section 325 of the agriculture and markets law
is amended by adding a new paragraph (f) to read as follows:
(F) IN EVALUATING APPLICATIONS FOR FUNDING, THE COMMISSIONER SHALL
CONSIDER THE FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE PROJECTIONS
AND AVAILABLE WEATHER-RELATED DATA PREDICTING THE LIKELIHOOD OF FUTURE
SEVERE WEATHER.
S 12. Section 1161 of the public health law, as added by chapter 413
of the laws of 1996, is amended to read as follows:
S 1161. Eligible projects; priority ranking. Subject to the
provisions of section thirty-two of the chapter of the laws of 1996
which added this section, in consultation with the commissioner of envi-
ronmental conservation, the commissioner shall establish and maintain a
list of potentially eligible projects and shall establish, pursuant to
rules and regulations, a process for listing potentially eligible
projects identified by potential recipients and a priority ranking
system for the purpose of providing financial assistance to recipients
for such projects under this title. In establishing such system, the
commissioner shall take into account the public health significance of
such potentially eligible projects which shall include, but need not be
limited to, an assessment of (i) public health and safety; (ii) popu-
lation affected; (iii) attainment of state drinking water quality goals
and standards; (iv) taking into consideration the water resources
management strategy pursuant to title twenty-nine of article fifteen of
the environmental conservation law; (V) TAKING INTO CONSIDERATION FUTURE
CLIMATE RISK INCLUDING SEA LEVEL RISE PROJECTIONS AND AVAILABLE WEATH-
ER-RELATED DATA PREDICTING THE LIKELIHOOD OF FUTURE SEVERE WEATHER; and
[(v)] (VI) compliance with state and federal law, rules and regulations.
S 13. The department of state, in cooperation with the department of
environmental conservation, shall prepare model local laws that include

S. 6617 4

consideration of climate risk including sea level rise projections and
available weather-related data predicting the likelihood of future
severe weather events and shall make such laws available to munici-
palities.
S 14. Major permits for the regulatory programs of paragraphs
(f),(h),(i),(j),(k) and (m) of subdivision 3 of section 70-0107 of the
environmental conservation law and article 23, article 40 and title 10
of article 17 of the environmental conservation law shall require appli-
cants to demonstrate that future climate risk including sea level rise
projections and available weather-related data predicting the likelihood
of future severe weather events has been considered.
S 15. This act shall take effect on the one hundred eightieth day
after it shall have become a law and shall apply to all applications
and/or permits received after such date.

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